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VINIT KUMAR MATHUR
Satyanarayan Saran S/o Shri Ratiram Saran – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Home Affairs – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 22.07.2022 passed by the Superintendent of Police, Churu, whereby the petitioner has been dismissed from service.
3. Briefly, the facts necessary to be noted in the present writ petition for disposal of the present writ petition are that the petitioner was serving as ‘Constable’ in the respondent-Department and while discharging his duties on 19.07.2022, an incident took place, wherein the petitioner alleged to have pointed gun on his Superiors. The petitioner was placed under suspension vide order dated 20.07.2022 and, thereafter, an order was passed by the respondent on 22.07.2022, whereby the petitioner was dismissed from service. Against the order dated 22.07.2022, the petitioner preferred an appeal before the Inspector General of Police, Bikaner Range, Bikaner but the same too has been dismissed vide order dated 28.12.2022. Hence, the present writ petition has been filed.
4. Learned counsel for the petitioner submits that the petitioner has been dismissed from service without holding any inquiry. The reasons for dispensing with the inquiry given in the order impugn
The judgment emphasizes the requirement of concrete and appropriate reasons for dispensing with an inquiry before dismissing a government servant, as mandated by Rule 19(ii) of the Rajasthan Civil Se....
The court emphasized that dismissal without a proper inquiry violates principles of natural justice and requires valid justification under Rule 19(ii) of the Rules of 1958.
The main legal point established in the judgment is the requirement of recording reasons for dispensing with the enquiry while removing a person from service, as mandated by Rule 19 (ii) of the Rules....
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
The main legal point established in the judgment is the requirement for clear reasons and objective criteria for dispensing with the ordinary procedure for holding an enquiry, as well as the need for....
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